Legal Question in Real Estate Law in Massachusetts

Ability to move a closing date

I am currently selling a condo. With the funds from the sale of the condo, I am purchasing a house. All steps have taken place (i.e., signing of the P&S, inspection, financing committment) except for the settlement. The closing dates are staggered so that I close on the sale of the condo the day before I close on the purchase of the house.

While the buyer of the condo was securing her financing, her lawyer faxed an extension request for the commitment date and the closing. I told my lawyer that I would give two extra days for the financing (which she met) but I would not change the closing date because I need the funds to purchase the house the next day.

He took it upon himself to sign the extension for the CLOSING anyway. I did not find out about this until after the fact. I've notified everyone involved that he misrepresented me, but should I take legal action against him, or dismiss him? I've never signed over power of attorney to him, is his extension legal?

The sellers of the house I am buying are refusing to move the closing date because they are buying another house as well.


Asked on 6/08/01, 9:30 am

1 Answer from Attorneys

Murray Davis Law Office of Murray I. Davis

Re: Ability to move a closing date

Sorry to be responding so late but your question wasn't even sent to me until June 28th. I hope by now you have resolved the "closing date" issue; however, your allegation that your lawyer purposefully misrepresented you is quite serious! I am a member of the Ethics Committee of the Massachusetts Conveyancers Association, which is a private (nongovernmental) association of real estate lawyers with about 3,200 members. If you wish to discuss this with me, please call my office (781)593-7379.

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Answered on 7/03/01, 5:35 pm


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